BILL ANALYSIS                                                                                                                                                                                                    Ó






                            SENATE COMMITTEE ON ELECTIONS
                            AND CONSTITUTIONAL AMENDMENTS
                             Senator Alex Padilla, Chair


          BILL NO:   AB 2219              HEARING DATE: 6/17/14
          AUTHOR:    FONG                 ANALYSIS BY:  Frances Tibon  
          Estoista
          AMENDED:   AS INTRODUCED
          FISCAL:    YES
          
                                        SUBJECT

           Initiative and referendum petitions: verification of signatures

                                      DESCRIPTION  
          
           Existing law  requires county elections officials, once all  
          petitions for a statewide initiative and referendum are  
          submitted, to determine the total number of signatures affixed  
          to the petition and transmit this information to the Secretary  
          of State (SOS).

           Existing law  requires the SOS to immediately notify the  
          elections official if the total number of signatures filed with  
          the elections official is 100 percent or more of the number of  
          qualified voters needed to declare the petition sufficient.

           Existing law  requires the elections official, after receipt of  
          the notification from the SOS, to determine the number of  
          qualified voters who have signed the petition and permits the  
          elections official, if more than 500 names have been signed on  
          sections of the petition filed, to use a random sample technique  
          to verify the signatures, as specified.

           Existing law  requires an elections official, upon completion of  
          the examination, to attach to the petition a certificate showing  
          the result of the examination and immediately transmit the  
          certificate to the SOS.  Existing law provides that if the  
          random sample shows that the number of valid signatures is  
          within 95 to 110 percent of the number of qualified voters  
          needed to find the petition sufficient, the SOS must order the  
          examination and verification of each signature filed with the  
          elections official.

           Existing law  requires county elections officials, once all  









          petitions for a county initiative are submitted, to determine  
          the total number of signatures affixed to the petition, and also  
          requires the elections official, if the number of signatures  
          equals or is in excess of the minimum number of signatures  
          required, to examine the petitions, and from the records of  
          registration ascertain whether or not the petition is signed by  
          the requisite number of voters.

           Existing law  permits an elections official, if more than 500  
          signatures are submitted, to use a random sample technique for  
          verification of the signatures and also requires the random  
          sample to include an examination of at least 500, or three  
          percent of the signatures, whichever is greater.
           Existing law  requires an elections official, if the statistical  
          sampling shows that the number of valid signatures is within 95  
          to 110 percent of the number of qualified voters needed to find  
          the petition sufficient, to examine and verify each signature  
          filed.

           This bill  requires an elections official or registrar of voters,  
          when conducting a full check of all signatures filed for a  
          statewide initiative or referendum petition, to submit one or  
          more reports to the SOS showing the number of signatures of  
          qualified voters that have been verified as of the date.   This  
          bill  requires the SOS to determine the number of reports  
          required to be submitted and the manner of their submission.  
           
           This bill  requires the SOS to maintain a list indicating the  
          number of verified signatures of qualified voters who have  
          signed the petition based on the most recent reports submitted.   
           This bill  provides that if the SOS determines, prior to each  
          county completing the examination of each signature filed, that  
          based on the list the petition is signed by the requisite number  
          of voters needed to declare the petition sufficient, the SOS  
          must immediately notify the elections official or registrar of  
          voters of every county or city and county in the state of this  
          fact.

           This bill  permits an elections official or registrar of voters,  
          immediately after receipt of the notification described above,  
          to suspend signature verification until receipt of a certificate  
          from the SOS showing that the petition has been signed by the  
          requisite number of qualified voters pursuant to current law, or  
          until otherwise instructed by the SOS.
          AB 2219 (FONG)                                                    
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           This bill  provides that if an elections official determines,  
          prior to completing the examination of each signature filed for  
          a county initiative or referendum, that the petition is signed  
          by the requisite number of qualified voters to declare the  
          petition sufficient, the election official may terminate the  
          verification of the remaining unverified signatures. 

           This bill  makes corresponding changes.

                                      BACKGROUND  
          
          Existing law requires a statewide initiative and referendum, in  
          order to qualify for the ballot, to be signed by a specified  
          number of registered voters.  Specifically, Article II, Section  
          8(b) of the California Constitution requires a statewide  
          initiative statute or referendum to be signed by registered  
          voters equal to at least five percent of the total votes cast  
          for Governor at the last gubernatorial election.  According to  
          the SOS's office, the total number of signatures required is  
          504,760.

          Once the requisite number of signatures has been collected, they  
          must be filed with the appropriate county elections officials.   
          After the filing of the petitions, county elections officials  
          must determine the total number of signatures on the petitions  
          submitted and report the total to the SOS.  If the raw count of  
          signatures submitted equals 100 percent 















          AB 2219 (FONG)                                                    
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          or more of the total number of signatures needed to qualify the  
          initiative measure, the SOS notifies the county elections  
          official to verify the signatures using a random sample  
          verification technique.  If the result of the random sample  
          indicates that the number of valid signatures represents between  
          95 to 110 percent of the required number of signatures to  
          qualify the measure for the ballot, the SOS is required to  
          direct the county elections official to verify every signature  
          on the petition.

                                       COMMENTS  
          
            1. According to the Author  :  In general, in order to qualify  
             for the ballot, state law requires an initiative or  
             referendum to be signed by a specified number of registered  
             voters.  Once the requisite number of signatures has been  
             collected on the petition, they must be filed with the  
             appropriate county elections official.  Once submitted,  
             current law requires elections officials to examine the  
             petition and determine if the raw number of signatures  
             submitted equals or exceeds the number of signatures  
             required.  If it is determined a sufficient number of  
             signatures has been submitted, current law requires county  
             elections officials to examine the petition, and from records  
             of registration, verify the signatures to ascertain whether  
             the petition is signed by the requisite number of voters.

           Specifically, AB 2219 allows a county elections official to  
             suspend signature verification on initiative or referendum  
             petitions once it has been determined by the Secretary of  
             State that the measure has the requisite number of valid  
             signatures to qualify the measure for the ballot.   
             Additionally, this bill permits the county elections official  
             to end signature verification on a petition for a county  
             measure if it is determined by the elections official that  
             the petition has the requisite number of signatures to  
             qualify the measure for the ballot.

                                     PRIOR ACTION
           
          Assembly Elections and Redistricting Committee:  7-0
          Assembly Appropriations Committee:          17-0
          Assembly Floor:                             74-0

          AB 2219 (FONG)                                                    
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                                       POSITIONS  

          Sponsor: California Association of Clerks and Election Officials

          Support: None received

           Oppose:  None received




































          AB 2219 (FONG)                                                    
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